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What’s the difference between DWI and DUI in Texas?

by | Nov 11, 2025 | Criminal Defense, DWI

In Texas, DWI (Driving While Intoxicated) and DUI (Driving Under the Influence) are not interchangeable terms. The main distinction comes down to age and blood alcohol concentration (BAC) levels. Understanding both can help you recognize the serious legal implications each charge carries.

What sets a DWI apart from a DUI

DWI applies to drivers 21 and older who operate a vehicle with a blood alcohol concentration of 0.08% or higher. This also includes anyone whose mental or physical abilities are impaired by alcohol, drugs or a combination of both.

DUI charges apply only to drivers under 21. Texas has a zero tolerance stance on underage drinking and driving. This means any amount of alcohol in their system can lead to a DUI, even if it is below the adult limit.

How penalties show different stories

DWI convictions carry harsher legal repercussions than DUI offenses. A first-time DWI is a Class B misdemeanor that can result in fines up to $2,000, jail time between three days and 180 days, and license suspension up to one year. Multiple offenses can bring tougher penalties, including longer jail sentences and steeper fines.

DUI offenses, classified as Class C misdemeanors, typically bring lighter penalties. First-time offenders may face fines up to $500 and community service requirements. Courts may also mandate alcohol awareness classes for both the minor and their parents.

These penalties can increase substantially with prior convictions and for aggravating factors such as causing injury or death, or having a child passenger in the vehicle.

Consequences beyond the courtroom

Both charges create ripples that extend far beyond the immediate penalties. A DWI conviction has long‑term effects on employment opportunities, professional licensing and insurance rates. 

For minors facing DUI charges, the impact can affect college applications, scholarship eligibility and future job prospects. Even though the penalties appear less severe, a DUI on your record can create obstacles during critical life stages. 

If the police pull you over, knowing the difference between DWI and DUI can help you understand what to expect next and how you and your legal representative can respond during the legal process.

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